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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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i have a child support hearing(my son is 7 years old), I work

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i have a child support hearing(my son is 7 years old), I work and my sons father is not currently working (which is questionable) but our son is a special needs child, he has ADD/ADHD, sensory deprivation disorder, anxiety disorder, social delays, developmental delay (no neurological delay's), bi-later cleft lip and palate (he has had 5 surgeries), eczema, and sever allergies. My son as a psychologist, a therapist, an occupational therapist, and speech therapist, and takes medications that are paid for by medicaid but he also has additional expenses that are not paid for by medicaid, my question is can I ask the judge to consider what my sons fathers earning potential is when he determines child support payment

Actually, yes, you can ask the judge to consider the father's earning potential as opposed to his actual income. While child support is typically considered to be based on earnings, it is actually based on the person's earning potential. If, for example, a person was earning $100,000 but voluntarily decreased his income to $50,000, the support would likely still be based on the income of $100,000. In making this argument, you will want to be able to demonstrate two things, first that he previously earned that income and second that he still has the ability to earn that income.

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